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County to Arm Select Deputy Probation Officers

Only Those Supervising High-Risk Adults to Carry Firearms

SANTA CLARA COUNTY, CALIF. – Today the County of Santa Clara Board of Supervisors unanimously authorized a select group of deputy probation officers, who visit and monitor high-risk adults, to carry firearms while on duty. The Board’s decision permits 20 of 300 deputy officers at the Probation Department to be armed. Probation officers who supervise juveniles will not be armed. State law allows deputy probation officers to carry firearms while on duty. However, Santa Clara County is the last largest urban county in California with unarmed deputy probation officers.

“Today, we must strike a balance between community safety and employee safety,” said Supervisor George Shirakawa, Chair of the County of Santa Clara Board’s Public Safety and Justice Committee. “For probation officers to deliver effective community supervision to the highest-risk adults, they should be afforded the reassurance they can walk into a dangerous situation and do their job safely.”

Today’s action responds to an increased number of serious felons being granted probation and the significant number of probationers entrenched in violent gang lifestyles, which pose an increased risk to the staff supervising this population in the community. Only deputy probation officers assigned to the Intensive Supervision and Alternative Programs Unit, the Gang Unit and the Task Force positions will be armed. Offenders supervised by those units have committed serious crimes, including violent assaults, weapon possession, high level narcotic manufacturing and sales, and egregious sexual assault and child predator offenses.

“This is a difficult issue for me,” said Supervisor Dave Cortese, echoing the sentiment of several of his colleagues. “On the one hand we are trying to promote harmonious neighborhoods. On the other hand, our probation officers who vow to uphold an extensive Code of Conduct and Code of Ethics have told us they need to be armed to be effective. They are in the streets everyday and I trust that they know best.”

Deputy probation officers play a crucial role in the criminal justice process. They investigate and supervise offenders on probation and county parole; assist in the rehabilitation and reintegration of probationers into society; enforce court orders; and protect the public. To facilitate community safety and offenders accountability, deputy probation officers conduct unannounced home/field visits; administer drug tests; execute searches and seizures; accompany police in the field on gang task force operations and probation/parole sweeps; and make arrests for violations of probation. Although sometimes they are assisted by law enforcement agencies, the high volume of contacts and work load of law enforcement makes it unrealistic for deputy probation officers to rely on frequent police assistance.

“When our deputy probation officers are at risk, our communities are at risk as well,” said Supervisor Don Gage, Vice Chair of the Board’s Public Safety and Justice Committee. “We need to make every effort to ensure that we are mitigating risks to our general population.”

In many cases offenders are entrenched in criminal street gangs and have a history of prior habitual drug abuse. In violation of the terms of their probation, they often associate with other offenders, who are either on probation or on parole following release from state prison. There are cases where families of these offenders are entrenched in the same similar lifestyles as the offenders supervised by the probation department.

“Our primary mission continues to be the rehabilitation of offenders, but our responsibility to investigate and monitor compliance is an integral part of it,” said Sheila Mitchell, Chief Probation Officer for Santa Clara County. “We need to enhance the personal safety of officers who are regularly exposed to significant dangers while performing their duties.”

Board President Ken Yeager discussed the importance of ensuring that probation officers be trained not only in the use of firearms, but also in strategies to avoid escalating violence in dangerous situations.

“The message we want to send to the community is that our action is intended to protect our employees,” said Supervisor Liz Kniss who asked that the program be evaluated at the end of a year. “It is not our intention to increase the number of blazing guns. Our hope is that the arming of our probation officers will increase compliance and serve as deterrence.”

The Board will review quarterly reports from the Probation Department on the experiences and affect of the new policy and has directed staff to conduct an evaluation of the program after one year.

Background

Under Section 830.5 of the California Penal Code, deputy probation officers are classified as peace officers, and are permitted to carry and utilize firearms while on duty, if authorized by the Chief Probation Officer. All peace officers are required to satisfactorily complete training in the laws of arrest and weaponless defense. Peace officers permitted to carry firearms, shall qualify the firearm at least quarterly.

Under California law, the authority of a probation officer extends to:
    •    The conditions of probation of any person within the State of California on probation.
    •    The escape of any inmate or ward from a state or local institution.
    •    The transportation of persons on probation.
    •    Violations of any penal provision of law which are discovered in the course of and arising in connection with his/her employment.
    •    The rendering of mutual aid to any other law enforcement agency.

The Intensive Supervision and Alternative Programs Unit also monitor and supervise all offenders on the Global Positioning System (GPS), the electronic Monitoring Program (EMP) and County parole. Each of these programs requires a high level of supervision in the community. The Department also has two deputy probation officers assigned to specialized police narcotics task force teams, the Santa Clara County Special Enforcement Team (SCCSET) and the Narcotic Covert Investigations (NCI) team. These deputy probation officers work with a team of armed officers in conducting investigations into large scale drug manufacturing and sales operations, routinely conducting surveillance, searches and executing arrests.

Media Contact: Gwendolyn Mitchell/Marina Hinestrosa, Office of Public Affairs, (408) 299-5121, Delores Nnam, Probation Department (408) 468-1658.
Posted: February 23, 2010